Professional Employment

Proven Results For Professional Employees.

Through four decades of practice, the attorneys at Horne Daller LLC have honed skills that advance and strengthen the professional in their employment relationships. We know the value of providing counsel in difficult scenarios, the importance of timing if and when legal outreach is necessary, and identifying the circumstances that have legal impact. Our approach is multi-faceted and developed based upon the particular needs of each client. That value is advanced by the depth and range of our active trial experience.

Whether clients need assistance in navigating difficult interpersonal issues, negotiating contract terms, evaluating compensation and benefit packages, exit planning assistance, termination of business relationships, righting wrongs committed by businesses or employers, or enforcement of accrued rights, the Horne Daller team acts as a critical component committed to each client’s success.

Our Employment-Related Focus Includes:

Employment Law Highlights

FAQs

At Horne Daller, we help businesses and employees successfully navigate and resolve their professional relationships. Some frequent questions clients discuss with our team include:

A: If you are over age 40, the Older Workers’ Benefit Protection Act requires you are given a 21-day review period and a 7-day revocation period. You will want to review the total amount of severance being offered, the consequences of the severance, and the rights you are likely forfeiting in exchange for the severance. Horne Daller LLC can review and provide advice on the agreement itself. A preliminary review and assessment can be done on a set fee basis. In addition, we also routinely engage in behind-the-scenes negotiation counseling or direct negotiations with the former company to realize a more lucrative severance.

A: Pennsylvania’s Wage Payment and Collection (“WPCL”) law prohibits an employer from withholding compensation. Included in the definition of “wages” under the WPCL are commissions which can be due and owing even if the employment relationship has ended. The WPCL is a robust Pennsylvania law to protect workers’ rights and permits recovery of attorneys’ fees and liquidated damages. We can assess whether that law provides protection in your circumstances and what you need to do to recover monies owed to you.

A: A defamatory statement in a U-5 can be devastating to an investment professional, and Horne Daller LLC is prepared to address the public and professional harm that occurs as a result. Horne Daller has successfully obtained relief to correct public statements and was instrumental in establishing Pennsylvania as a “conditional privilege” state in statements made in regulatory filings which provides a clear pathway for professionals who have been harmed by investment and other financial firms.

A: There are many federal and state laws that prohibit retaliation against whistleblowers, however, time is of the essence in making a whistleblower report. For example, under the Pennsylvania Whistleblower Act, an employee who suspects retaliation for making a whistleblower report must file a claim within 180 days of the retaliatory action. It is also important to determine what laws, if any, provide protection to you and what steps you must take to obtain that legal protection. If you suspect that you are facing retaliation after having made a whistleblower complaint or if you are contemplating making a whistleblower complaint, you should contact Horne Daller LLC as soon as possible to ensure your rights are preserved.

A: Horne Daller LLC regularly provides behind-the-scenes employment counseling to professional employees facing difficult challenges in the workplace. Our experienced legal team can be a valuable asset as employees face difficult personalities, structural reorganizations, and changes to their compensation and benefits. We are effective at working with clients closely to help preserve the employment relationships they have worked so hard to cultivate.

A: Pennsylvania is an “at-will” employment state that permits the discharge or termination of employees for any myriad of reasons and only protects against a very limited number of discharges (i.e., discrimination, violations of public policy). Horne Daller LLC has successfully represented employees in matters involving “wrongful discharge” as it is defined by Pennsylvania law and where the discharge threatens a public policy of the Commonwealth.

A: The enforceability of a non-compete is determined not by the reason or basis for the discharge of employment but whether there was sufficient consideration for entering into the agreement in the first instance as well as whether the agreement is reasonable in scope and time. Each non-compete agreement must be reviewed for these considerations as there is not a one-size-fits-all answer. Horne Daller LLC can assist in providing a review and legal advice as to the enforceability of a non-compete.

A: Defamation in employment is distinguishable from general defamation. In Pennsylvania, it’s referred to as defamation per se, and you will need to prove that the former employer made a statement to someone that tended to blacken your reputation or expose you to public hatred, contempt, or ridicule, or to injure you in your business or profession. It is also necessary to consider whether the statement, in the context it was made, is privileged. Horne Daller LLC has successfully litigated claims of defamation in employment.

A: Whether you are a victim of sexual harassment or a witness to it, there is action you can take to properly report it or pursue appropriate resolution in a manner that protects you. It may be necessary for direct contact to be made with the employer. Some circumstances require filing complaints with the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission, or it may be time to file a legal action. Our attorneys at Horne Daller LLC can guide you through the course of action appropriate to your circumstances. In order to preserve any claims you may have, however, you should contact our office at the earliest opportunity.

Our focus is working to a resolution that is consistent with the circumstances and needs of each client we represent. Talk with us today about the questions you have and how we can assist you in your challenging employment relationships.

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